Bedwell v. Dee ( 1865 )

By the Court.

It appears by the record that the parties appeared voluntarily on the 23d of Sept, as ready for trial- and that the defendant asked for a trial by referees; the court must therefore infer that the case was heard and concluded that day by the mutual consent of the parties, and the defendant was consequently estopped from objecting to the judgment on that ground. The judgment below must therefore be affirmed.